www.NYSAppraiserAdvocate.com

FOR IMMEDIATE ASSISTANCE- call us at 631-563-7720  Bill Merrell of the Merrell Institute Can Help You...NOW!  What's more, Bill Merrell does not plan on charging you for his time and expertise. If you are charged for additional services, you always have the option to perform these services yourself, since we are doing this to benefit the appraisal industry not create an added income stream for Bill Merrell and his affiliate companies.  Bill Merrell has 3 decades of experience, starting as a Real Estate Broker, is a General Certified Appraiser, is approved by NYS to teach appraising, real estate, home inspection and is nationally certified by IDECC for Distance Learning.  We wish to interview each interested party and we request you will out the documents we request below, along with all supporting documentation. We cannot guarantee we will take your case, but we can guarantee you that we will review your case and give you a realistic view of the type of difficulties you are experiencing. I am not an attorney, not do I pretend to give legal advise. I, as an educator and as a professional am willing to lend my professional experience to help those who are unable to take a step back to look at the situation logically and rationally. We also recommend you hire an attorney to protect your rights. All I can do is give you my opinion as a professional in this twenty first century environment.  We have been given permission to use the jpg's on this page. In the event we are told we cannot use same we will remove  them immediately.

IDENTITY THEFT ~ FORGED SIGNATURE ~  ILLEGAL USE OF ELECTRONIC SIGNATURE ~   PASTED FORGED SIGNATURE

ILLEGAL USE OF APPRAISERS NAME IN AN APPRAISAL ~ ILLEGAL USE OF APPRAISERS ERRORS AND OMISSION INSURANCE IN A TRANSACTION

ILLEGAL REPORTING OF VALUE TO A CLIENT WHO THE APPRAISER DOES NO BUSINESS WITH  "KNOWN AS"  BLIND IDENTITY THEFT TO THE APPRAISER

YOU MAY NOW HAVE A SOLUTION TO YOUR SITUATION.  WE CAN HELP YOU TO CORRECT YOUR PROBLEM- DON'T BE A VICTIM- TAKE CONTROL OVER YOUR LIFE AND YOUR SITUATION.  ACTING LIKE A VICTIM MAKES YOU A VICTIM. EMPOWER YOURSELF AND TAKE CONTROL OVER YOUR RIGHTS AND YOUR LIFE.

What is the problem?-Fill everything out in detail, make sure you have all attached documents to support your case and make an appointment with Bill Merrell as soon as possible by sending us an e-mail or calling us at 631-567-6776. Bill Merrell is volunteering his time and energy to help those in need. We can only help our students as an advocate and we also have listed all the areas you can file a complaint for an appraisal that was not performed by you that has your name on it illegally.

SECURE AREA SITE ACCESS- CLICK HERE

This will allow you access to additional data- We will give you a code if we determine we can help you

Have you filed a complaint against the person who either assumed your identity or forged your signature with the NYS, Dept of State, Division of Licensing Services? This is the web link to file a complaint with NYS, Dept. of State, Division of Licensing Services.  Even if the Dept. of State is investigating you, you can still file a written complaint against the party or parties who illegally used you good name, your electronic signature, etc. in an attempt to have the appraisal in question accepted and funded by the lender. Your name was used in a criminal activity, and you owe it to yourself to make use that everyone knows the appraisal is NOT yours. Don't just react. Be proactive. Call us, we can help.

Calling does NOT protect your rights, nor does it prove that you really called anyone. Always write letters, send same certified mail or make a copy of the sealed, postmarked letter showing it was submitted to the post office for delivery.

If you have a question for the Dept. of State, call their general number at 518-474-4429  (to speak with a real person and bypass the automated voice mail system, when you hear the voice mail system, press the number 1 , wait 5 seconds then press the number 5. You will be switched to a real person within several minutes) They are open 9am to 4pm and closed for lunch.

Also, see Legal Memorandum LI02: The Department of State Licensing Complaint Resolution Process

Have You Filed A Complaint with the NYS Attorney Generals Office? If not, here is a form, if you wish to file a complaint:

http://www.oag.state.ny.us/complaints/html/comp_invest.html   Make sure your complaint is real, it is complete and it is understandable. You must convey your situation in a clear, concise fashion. It will go a long way to having your case considered and hopefully resolved.

Complaint Input Form ID THEFT

Click on the link to file an official complaint for Identity Theft- This is a form for you to use if your identity has been compromised! You can use this form and notify the authorities with the information contained in this report.  Each county in NYS should have an identity theft division. Call and get their address and mail it to them. Be proactive. Keep copies of everything, including copies of envelopes of each document you mailed. You must document the steps you have performed to protect your good name.

United States Postal Inspection Service - Banner

Click on the above form to file an official complaint regarding Identity Theft in which the US Post Office was used!  If everything was done via the internet, the US Post Office is not directly involved. The minute the forged appraisal was mailed, you can file a complaint with the US Post Office and ask that they investigate this illegal activity. Be proactive. We can help.

 New York State Law on Forgery

An Open Letter To Fellow Appraisers:

We are human. We all make mistakes. We trust people. Funny, we believe that people are honest, ethical and do things legally.  If you trusted someone and were taken advantage of, you have the right to complain about what has occurred. You must protect your good name.

If the above applies to you, you have the right to fight back. Legally fight back. Ethically fight back. When fighting back, you must notify all parties to the transaction that you are not part of this fraudulent activity. You must certifying that the activity was  done with out your permission or authorization.

You have the right to protect your good name and get a level of satisfaction and a level of security. Your name and your reputation has value. Protect your name and exercise your rights. I have developed a detailed 7 step program designed to protect your good name.  If we take you case, there may be expenses, however Bill Merrell's time to show you how to empower yourself and not be a victim is FREE. No strings attached. I really do believe you need someone to be there to help. I hope to be that person. Don't forget, you still may need an attorney. By all means, hire an attorney to protect your rights. Let me show you what your potential options are.

Respectfully Submitted,

631-563-7720   Fax: 631-563-7719 

(do not fax documents- call, drop them off or mail them to me to set up an appointment)

 All documents and information you issue to me will be kept in strict confidence.

 You have my personal assurance that I will respect our confidentiality.

Merrell Institute, 1461-17 Lakeland Avenue, Bohemia, NY 11716

Appraisers may not be this lucky. Imagine, your name and signature is attached to an appraisal. The loan closes, is funded, and 3 years later, you must prove your innocence that you had nothing to do with the appraisal. How do you prove your innocence?  What if the appraiser who forged your signature doesn't want to admit to the fact that he/she committed a crime, (a serious one at that).  Appraisers are finding themselves in this position, and in the event that a complaint is raised against the appraisal, the appraiser may be defending an appraisal that was never created or completed by the appraiser. How do you protect yourself against forgery and fraud?  Call us and we will tell you how to protect yourself against this criminal activity. Be proactive now, and listen to what Bill Merrell has to say. The meeting is at no cost or obligation to you.

Are you looking to meet the objectives of the Attorney General Decision, in which you, as a residential appraisal must exist in 2009 and beyond, we may be able to help with this. Check out NYSAN- the New York State Appraisal Network   NYSAN has been around for 2 decades working to help appraisers  and we have now created a new division to benefit the needs of the appraiser in an Appraiser Driven Appraisal Management Company. Not the typical AMC, but one which may be a real alternative to the status quo. Check NYSAN out at www.NewYorkStateAppraisalNetwork.com 

Need high quality education in New York State: check out www.merrellinstitute.com

Articles involving Fraud- A Good Read to help with your defense!

  • Appraiser Identity Theft 2006/03/24

 According to Brian Weaver, a practicing appraiser for over 25 years and investigator for the Office of Banks and Real Estate in Illinois, has recently researched Appraiser Identity Theft in Illinois and others states. Click here for the complete report: License To Steal The Illinois Coalition of Appraisal Professionals commissioned this study and resulting article. www.icapweb.org

Brian Weaver has suggested that there are three main scenarios of appraiser identity theft and forgery currently taking place.

  • First, there is the appraiser-trainee who is fed up with splitting fees with their sponsor/ mentor and has decided to forge their mentor’s name and affix their mentor’s license number to reports without their mentor’s knowledge or permission.
  • Second, there are appraisers who go phishing for license numbers. The term phishing refers to the current internet ploy by computer hackers to scour cyberspace for usable personal data that can be exploited.
  • The third and most disturbing trend involves persons who never were licensed appraisers, yet find this to be their crime of choice. Like those who go phishing, they come up with almost random victims and prepare bogus reports for hefty fees.
"Mike Brown, Director of the Appraisal Division for the Illinois Department of Financial and Professional Regulation (IDFPR), has revealed that (currently) his office is aware of over $40 million worth of forged appraisals…and the number is climbing." "Forged appraisals? According to Mr. Brown and his investigator, Don Potter, between 20% and 30% of all complaints coming into the department have a forged appraisal document at the center." What Can Appraisers Do To Protect Themselves? The best one can do is reduce the opportunity for identity theft. The following fall under the category of common sense and nothing more:
  • Remove your license number from your business card (if legally permissible).
  • Remove your license number from your stationery (if legally permissible).
  • Remove your license number(s) from your website and e-mail stamp (if legally permissible). This includes removing the actual image of your license.
  • Remove your license number from websites that advertise your services (if legally permissible).
  • Stop sharing your software signature codes with everyone in the office.
  • Stop taping signature codes on the wall next to the computer at the office.
  • Try using something a little more complex than “appraiser” for a password.
  • Eliminate your E&O declaration page from your website.
  • Be more circumspect about who has access to your license.

I have to admit that I had been guilty of breaking almost ALL of those rules. After the article came out, I got a call from T. J. McCarthy at ICAP to advise me of the risks I was taking with having my license, resume, and E&O certificate available from my web site.

After his call I took advantage of a "Password Protected Page" feature that my web host provides. This allows me to keep my private information private . . .but available to trusted clients and those that need to know.

Now that the housing market has finally turned we learn that many of the loans were written on questionable valuations of housing once people try to refinance those outrageous nuclear no money down interest only loans. And the LTV’s (loan to values) are now inverted almost across the board on these loan types. The article blames the appraisers, but where is the blame on the ethics and others in the marketing chain:

- The home builder selling extra houses during the boom making extra profits off increasingly lower quality houses.

- The mortgage bankers and banks making fees off of the loans and then reselling them. Will they take the coming credit loss themselves or will they try to pass it onto the American taxpayer and not back to their shareholders like they should. Remember when you used to put down 20% on a house purchase, there was a reason for it that we will soon be asking why it was abandoned.

- The publishers that made it all too easy to advertise without educating the consumers, many who had no idea what interest only or ARM meant.   

- Where were the reporters that write now on these subjects as if it’s new news of what drove the boom for the past five years? That silence was deafening.  

If you are planning on being a white collar criminal and committing mortgage fraud, this is the time to do so. Do to a lack of funding and manpower the FBI is short 2,500 agents that they previously had to investigate white collar crimes such as mortgage fraud. The demands in a post 911 world have kept the focus on investigating international terrorists and not domestic crimes.

Of course the bad guys know this and that investigations of mortgage fraud are anemic. Like the war on drugs, token and high profile cases are made, but the typical case of mortgage fraud languishes in the to–do box. Combine that with non existent due diligence in lending and you are looking at 204 convictions for over 4 billion dollars worth of mortgage fraud.

And that is unacceptable.

Dollar losses in 2006 were close to quadruple what they were in 2003 and the number of cases has increased by a similar amount, according to the FBI.
As a result, while banks reported more than 59,000 mortgage-related frauds to the FBI last fiscal year, the bureau obtained only 263 indictments and 204 convictions. Meanwhile, the backlog of mortgage fraud cases under investigation has more than doubled since 2003, from 463 to more than 1,000, according to FBI figures.
An FBI spokesman in Washington, D.C., said it is forming partnerships with other agencies and with groups such as the Mortgage Bankers to make up for the lack of agents it has available.
“We realize that we sometimes have to do more with less,” spokesman Steve Kodak told the P-I.
Carlisle said the lenders appreciate the efforts the FBI’s does make — which have included task forces and a few high-profile investigations — but that making a real dent in the problem will take dollars and cents. The Seattle PI

Mortgage fraud is a  problem that is increasingly coming to light in the marketplace. The fraudulent data is also in the MLS data that real estate agents need to properly do their job and these distortions can hurt buyers and sellers as much as the mortgage companies. The article this morning in the Miami Herald explains why.

But real estate agents say they are sometimes asked to raise the list price of a home. In mortgage fraud cases, that allows a broker to pay the seller at the original list price and keep the rest of the money as cash back at closing.
The false sales information means other sellers can end up overpricing houses that then get stuck on the market, and other buyers can end up paying more than they should.
”The average person in a neighborhood full of fraud is paying higher taxes because of an artificial base — they’re paying more because somebody cheated,” says Nancy Hogan, a member of the Florida Real Estate Commission, a state licensing board that has no authority over the MLS. “On the other hand, when those houses go into foreclosure, they are also bringing down the neighborhood.” via the Miami Herald.com.

With all of the fury over mortgage foreclosures, state officials across the country are putting appraisers and their inflated appraisals under the microscope. The game of nudge nudge, wink wink between appraisers and mortgage lenders has been going on for years, but with rising housing prices and easy loan money it was largely under the radar.

However, now that the housing market has slowed down and some of the loans that were written with inflated appraisals are crashing and burning in foreclosure, the spotlight is firmly on the relationship between shifty mortgage brokers and suspect appraisers.

Now I do not want to tar and feather either profession, but there are bad apples out there. If your choice is to “play ball” or lose a big account, many people give in to the temptation. And with little fear of repercussion many appraisers fell into the trap.

However the head of the Colorado Division of Real Estate has the appraiser lender relationship firmly in her cross-hairs.

Erin Toll, director of the Colorado Division of Real Estate, told The Pueblo Chieftain in Friday’s editions her agency would formally announce the review next week. “We’re just going to be taking a much closer look at real estate activities in the southern part of the state because the mortgage fraud and the mortgage foreclosure rate is so high in Pueblo,” she said. She said her agency “is going to have a much greater presence in Pueblo” but declined to comment further. via cbs4denver.com

And Elliot Spitzer’s successor as New York State Attorney General Andrew Cuomo is also on the hunt to highlight unethical lending and appraising practices.

Attorney General Andrew Cuomo said in an interview today he has subpoenaed “many, many more’ companies. The four that have acknowledged receiving them are: Vanderbilt, New York appraiser Mitchell, Maxwell Jackson Inc., First American Corp.’s eAppraiseIT LLC and the broker Manhattan Mortgage Co. Manhattan-based Vanderbilt didn’t say what Cuomo was seeking.

“We have received the subpoena, which has been forwarded to legal counsel,’ Vanderbilt spokesman Richard Rubenstein said. “We are in the process of reviewing it.’ via Bloomberg

Click on Form Listed Above for PDF Guide to Recognizing Mortgage Fraud

After you have read all the above articles, you can see that Fraud and Forgery is more common than most appraisers are even aware of. The next step is to set the record straight. You have a responsibility to make sure that the person who almost got away with stealing your identity will be held responsible for his or her actions. Call Bill Merrell today and let's see what we can do to help your cause. You are not alone!  631-563-7720. The meeting is free. Bring al your documents. We can't guarantee you that we can fix your problem. We can let you know what your potential options are. We believe you have rights and Bill Merrell has personally funded this entire operation to benefit the appraiser in NYS. Bill Merrell wants to help. Call him today. We will ask your name, address, phone number and all information in order to help. We keep all information confidential.

New York Mortgage Fraud Resources


 

Mortgage Fraud News Alerts
 

The list of resources below has been compiled for anyone that suspects that they may be a victim of any type of fraud or scam. The list was originally designed as a resource to report mortgage fraud, predatory lending scams and identity theft in New York but may also serve those who are victims of many types of fraud in New York. Other types of fraud may include:

  • Internet Scams
  • Phishing/Email Scams
  • Credit Card Fraud
  • Investment Scams
  • Financial - Debt Elimination
  • Business/MLM Scams
  • Etc.

FBI Field Offices, Mortgage Fraud

White Collar Crime Supervisor
http://albany.fbi.gov/
200 McCarty Avenue
Albany, NY 12209-2095
Phone: (518) 465-7551

White Collar Crime Supervisor
http://buffalo.fbi.gov/
One FBI Plaza
Buffalo, NY 14202-2698
Phone: (716) 856-7800

White Collar Crime Supervisor
http://newyork.fbi.gov/
26 Federal Plaza, 23rd Floor
New York, NY 10278-0004
Phone: (212) 384-1000

New York State Consumer Protection Board
Consumer Complaint Form
https://www1.consumer.state.ny.us/cpb/CauComplaintForm.html
5 Empire State Plaza, Suite 2101
Albany, New York 12223-1556
Phone: (800) 697-1220

HUD Field Offices

Albany Field Office
52 Corporate Circle
Albany, NY 12203-5121
Phone: (518) 464-4200
Fax: (518) 464-4300

Buffalo Field Office
Lafayette Court
465 Main Street, 2nd Floor
Buffalo, NY 14203-1780
Phone: (716) 551-5755
Fax: (716) 551-5752

Syracuse Field Office
128 E. Jefferson Street
Syracuse, NY 13202
Phone: (315) 477-0616
Fax: (315) 477-0196

HUD Regional Office
New York Regional Office
26 Federal Plaza, Suite 3541
New York, NY 10278-0068
Phone: (212) 264-8000
Fax: (212) 264-3068

New York Banking Department
Mortgage Banking Division
http://www.banking.state.ny.us/ccs.htm
2 Rector Street
New York, NY 10006
Toll-Free: (800) 334-3360
Phone: (212) 618-6634
Fax: (212) 618-6570

Nationally Chartered Credit Union
Region 1 – Albany
http://www.ncua.gov/AboutNcua/org/Region1.htm
9 Washington Square
Washington Avenue Extension
Albany, NY 12205
Phone: (518) 862-7400
Fax: (518) 862-7420

State-Chartered Credit Unions
New York State Banking Department
Two Rector Street, 18th Floor
New York, NY 10006-1894
Phone: (212) 618-6496
Fax: (212) 618-6925

Savings & Loan Association or Savings Bank
Office of Thrift Supervision
Northeast Region
http://www.ots.treas.gov/resultsort.cfm?catNumber=88&dl=17&edit=1
E-mail: consumer.complaint@ots.treas.gov
Harborside Financial Center Plaza Five
Suite 1600
Jersey City, New Jersey 07311
Phone: (201) 413-1000
Complaints: (800) 842-6929

National Fair Housing Alliance
To locate your local office:
http://www.nationalfairhousing.org/html/memberOrgs/operating.htm
National Contact: E-mail: nfha@nationalfairhousing.org
1212 New York Avenue, NW Ste 525
Washington, DC 2005
Phone: (202) 898-1661
Fax: (202) 371-9744

New York State Licensing, Real Estate Broker/Salespersons Division
http://www.dos.state.ny.us/

Phone: (518) 474-4429

New York State Licensing, Real Estate Appraiser Division
http://www.dos.state.ny.us/

Phone: (518) 474-4429

Better Business Bureaus

Better Business Bureau
http://www.upstateny.bbb.org
E-mail: info@upstatenybbb.org
741 Delaware Ave., Ste. 100
Buffalo, NY 14209-2201
Phone: (716) 881-5222
Fax: (716) 883-5349

Better Business Bureau of Metropolitan New York
http://www.newyork.bbb.org
E-mail: inquiry@newyork.bbb.org
257 Park Avenue South
New York, NY 10010-7384
Phone: (212) 533-6200
Fax: (212) 477-4912

Note About This Information
Information is updated constantly- always check each area, and make sure you protect your rights under the law.

USE OUR DATA TO BENEFIT YOUR SITUATION. IF YOU HAVE ADDITIONAL AREAS OR ADDRESSES WHICH WILL HELP OTHERS, PLEASE SEND IT TO US SO WE CAN SHARE SAME ON THIS WEB SITE- WE ARE HAPPY TO SAY THAT HUNDREDS OF PROFESSIONALS HAVE UTILIZED THIS SITE AND FILED COMPLAINTS TO PROTECT THEIR GOOD NAME- WE ARE MAKING A DIFFERENCE, ONE CASE OF IDENTITY THEFT AND FRAUD AT A TIME!

CALL ME, BILL MERRELL AT 631-563-7720 IF YOU HAVE A SERIOUS, CONFIDENTIAL SITUATION YOU WISH TO DISCUSS!

www.NYSAppraiserAdvocate.com

All the information was supplied by various state and federal agencies throughout NYS and the USA. At no time do we take credit for writing any article. These articles and jpgs are to benefit the appraiser or home inspector who is in trouble, and is involved with a situation in which someone used he/her name. We cannot be responsible for this, but we were able to put together a group of articles to benefit appraisers and inspectors to protect themselves